ILR 10 Years Long Residence
This section explains about the ILR 10 Years Long Residency requirements that need to be satisfied in order to apply for indefinite leave to remain. This capacity has been designed for those who have 10 years lawful stay and has not broken continuous residence.
Until April 2003 there was no provision in the immigration rules for a person to be granted indefinite leave to remain on the grounds of long residence. The Long Residence Concession allowed for a discretionary grant of indefinite leave to remain after 10 years continuous lawful residence or 20 years continuous residence of any legality, provided there were no serious countervailing factors.
The rules on long residence recognise the ties a person may form with the UK over a lengthy period of residence here. A person who has completed 10 years continuous and lawful residence in the UK can apply for indefinite leave to remain (ILR) on this basis. For the purposes of ILR under 10 years long residence category, the residence in the UK must be both continuous and lawful.
Requirements for long residence
The applicant must meet the following requirements, in order to be granted indefinite leave to remain:
- The applicant must have at least 10 years lawful residence in the UK.
- There must be no reason why granting leave is against the public good.
- The applicant must meet the knowledge of language and life requirement.
- The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.
Continuous residence is defined in paragraph 276A of the Immigration Rules. Continuous residence means residence in the UK for an unbroken period. For the purposes of the ILR 10 years long residence, a period is not considered broken if the applicant:
- was absent from the UK for six months or less at any one time, and
- had existing leave to enter or remain upon their departure and return.
Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant had one of the following:
- existing leave to enter or remain;
- temporary admission within section 11 of the 1971 Immigration Act where leave to enter or remain is subsequently granted;
- an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
Events that break continuous residence
ILR 10 Years Long Residence – Continuous residence is considered to be broken if the applicant has:
- been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK;
- been removed or deported from the UK, or has left the UK following refusal of leave to enter or remain
- left the UK and by doing so, showed a clear intention not to return;
- left the UK under circumstances in which they could have no real chance of returning to the UK lawfully;
- been convicted of an offence and been given a custodial sentence, or ordered to be detained in an institution other than a prison, such as a hospital or young offenders institute, not including suspended sentences;
- spent a total of 18 months outside the UK throughout the whole 10 year period.
Discretion for breaks in lawful residence
It may be appropriate for the UKBA to use discretion if an applicant:
- has short gap in lawful residence through making previous applications out of time by no more than 28 calendar days, and;
- meets all the other requirements for lawful residence.
Same Day Visa Service For ILR Application On The Basis of 10 Years
ICS Legal can advise and complete the application of the ILR 10 Years Long Residence. We are registered with the Home Office, Public Enquiry Office, Croydon to provide same day visa service for ILR – 10 years long residence applications. We can prepare and submit your indefinite leave to remain (ILR) application to the Home Office, PEO, Croydon and get quick decision on your application. As the ILR 10 Years Long Residence application is a biometric application, therefore you will have to attend the Home Office along with our legal representative in order to enroll your biometrics. The application submitted through our same day visa service is usually decided either decided same day or very next working day.
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